Personal Injury Law Center

Wrongful Death

When a person dies due to the negligence or intentional misconduct of another person, the victim’s family may be able to recover money damages in a wrongful death lawsuit. Wrongful death claims are similar to personal injury claims, except that in wrongful death claims, the victim of negligence has died and the lawsuit is brought by his or her family members. In a personal injury lawsuit, the legal claim is brought by the victim himself or herself.

Although wrongful death lawsuits can involve a wide range of accidents and injuries, they often involve car accidents, trucking accidents, construction accidents, workplace accidents, and medical malpractice. Depending on the cause of the death, a wrongful death lawsuit will either involve negligence (i.e., the failure to take reasonably safe action) or strict liability (which holds a manufacturer liable regardless of whether it knew of a fatal defect).

Wrongful death lawsuits are time-consuming, complicated, and involve a number of legal issues. For this reason, it is important to contact a wrongful death attorney as soon as possible.

 

What is Wrongful Death?

The legal definition of wrongful death depends on the specific state law, but it generally refers to a legal claim brought by a representative on behalf of the surviving kin of someone killed in a fatal accident. The plaintiffs in a wrongful death lawsuit generally include the parents, spouse, or children of the victim, but depending on state law, a wrongful death may also be filed by a life partner, siblings, or grandparents.

 

Common Types of Wrongful Death Lawsuits

Wrongful death claims can involve a wide range of accidents, injuries, defendants, and legal claims. For this reason, it is highly recommended that you contact a wrongful death lawyer if a loved one was killed in a fatal accident.

Some of the more common types of wrongful death lawsuits the following:

• Car Accidents and Other Motor Vehicle Accidents. Millions of motor vehicle accidents happen every year, resulting in thousands of fatalities. In fact, in 2012 alone, 33,561 people died in motor vehicle accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA).
• Slip and Fall Accidents. Falls are a leading cause of injury-related fatalities for adults age 73 and older, and the second leading cause of death for adults between the ages of 60 and 72. Although falls can happen anywhere, they sometimes happen in nursing homes, which could be a sign of nursing home abuse or neglect.
• Medical Malpractice. Medical errors result in a large number of preventable injuries and deaths each year. In fact, according to a recent study, medical errors are the third leading cause of death, with an estimated 220,000 to 440,000 deaths in the U.S. attributed to medical malpractice each year.
• Construction Accidents. Because construction worksites have heavy equipment and dangerous working conditions, accidents that occur on construction workers often result in catastrophic injuries or fatalities.
• Defective Products. Dangerous and defective products – such as unsafe pharmaceuticals, defective medical devices, and auto defects – can result in wide scale accidents and deaths. In addition to individual wrongful death claims, lawsuits involving defective products many also be pursued as a class action lawsuit.
• Work-Related Accidents. According to the Bureau of Labor Statistics’ National Census of Fatal Occupational Injuries, in 2012, there were 4,383 fatal work injuries. Work-related accidents can include those accidents that happen in the workplace, as well as those that happen outside of the workplace while the employee was still on the job. Although the liability of employers for work-related accidents is limited to workers’ compensation death benefits, injured workers may be able to bring a third-party wrongful death claim against any other negligent parties.

 

Should I File a Wrongful Death Lawsuit?

Not only are the family members of deceased accident victims grieving their loss, but they often have a number of questions about their legal rights. They may also be struggling to pay the bills in the wake of the victim’s death. A wrongful death attorney will help the victim’s family members understand their legal rights and determine whether it makes sense to file a wrongful death lawsuit.

In some situations, the deceased victim’s family will receive a settlement offer from an insurance company. For instance, if a patient dies as a result of medical malpractice, the hospital’s insurance company may offer a settlement. In these situations, the victim’s family will need to decide whether to accept the insurance settlement or pursue a wrongful death lawsuit. In other situations, however, there will be no insurance settlement offer, leaving the family members with little recourse aside from filing a wrongful death lawsuit.

A wrongful death claim begins when a representative of the surviving family members, or plaintiff, files a complaint in the applicable court of law. The statute of limitations on wrongful death claims varies from state to state and depends on the circumstances of fatal accident so it is important to contact a wrongful death lawyer as soon as possible in order to ensure a timely filing of the claim.

Although wrongful death laws vary from state to state, generally, in order to pursue a wrongful death claim, the plaintiff must show that the defendant is liable by proving the following:

• The defendant owed the decedent a duty of care;
• The defendant did not comply with his or her duty of care;
• The decedent died as a result of the defendant’s actions or inaction; and
• The decedent’s death resulted in damages to the plaintiff.

The defendant in a wrongful death case will have an opportunity to dispute the facts of the case, and may also attempt to refute the plaintiff’s claim of liability through various defenses, such as:

• Lack of standing: The defendant may argue that the plaintiff does not have the necessary relationship to the decedent to allow him or her to bring a wrongful death lawsuit under applicable state law.
• Assumption of risk: In some cases, a defendant may be able to avoid liability if the decedent created an inherently dangerous situation or assumed certain risk.
• Product misuse or unrelated causes: Some states limit liability if an accident occurred as a result of an unforeseeable misuse of the product or if the death was the result of an unrelated cause.
• Statute of limitations: If the plaintiff does not file the wrongful death claim in a correct court of law within the applicable statute of limitations, he or she will forfeit his or her legal right to pursue the claim.

 

Wrongful Death Damages

If you choose to file a personal injury lawsuit and are successful in proving that the defendant was negligent and liable, you may be able to recover the following money damages:

• Medical bills
• Funeral expenses
• Loss of future income and benefits
• Loss of future inheritance
• Loss of parental guidance (if decedent has minor children)
• Loss of spousal companionship (if decedent was married)
• Pain and suffering of family members
• Pain and suffering of decedent prior to death

In some wrongful death cases, the plaintiff may be able to recover punitive damages to punish the defendant and deter future misconduct. Some states prohibit or limit punitive damages in wrongful death lawsuits, however, so it is important to discuss this issue with a wrongful death attorney.

In determining the appropriate amount of wrongful death damages, the judge or jury will consider a number of factors, including:

• The age, character, and condition of the decedent
• The decedent’s earning capacity, life expectancy, and health
• The financial situation of the surviving family members

Because the assessment of wrongful death damages involves a complicated and specific analysis, the testimony of various experts – including medical experts, financial experts, vocational experts, and psychological experts – is incredibly important to the plaintiff’s case. A wrongful death lawyer can help assemble the necessary team of experts to support the plaintiff’s wrongful death claim for damages.

 

Contact a Wrongful Death Attorney

There are strict time limitations on when the decedent’s family members can file a wrongful death claim so it is important to consult with a wrongful death lawyer as soon as possible. The applicable statute of limitations varies from state to state and based on the type of fatal accident and named defendant. A wrongful death attorney will be able to determine the wrongful death statute of limitations and help you file your claim in a timely manner. It is also important to contact a wrongful death lawyer promptly after a fatal accident in order to preserve the necessary evidence to support your wrongful death claim.